Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Determination) Act 1994 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Pre-conception and Pre-natal Diagnostic Techniques (prohibition of Sex Selection) Act, 1994 (57 of 1994) |
Case(s) Referred | Referred Case 0 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Pre-Conception and Pre-Natal Diagnostic Techniques(Prohibition of Sex Determination) Act, 1994:s. 32(1) and (2), and ss. 4, 5 and 6 – Writ Petition beforeHigh Court challenging r. 3.3 (1)(b) of PCPNDT Rules, 1996 and r.6 of PCPNDT Six Months Training Rules, 2014 – High Court heldthat there is absence e of provision under the Act empowering anyof the bodies or the Central Government to prescribe qualificationsfor practicing medicine with the aid of an ultrasound imagingequipment or to prescribe nature and content of the curriculum orduration of the qualification – Appeal to Supreme Court –Application seeking stay of order of High Court – Held: s. 32(1)confers rule-making power upon Central Government for “carryingout the provisions of the Act” and to specify minimum qualificationfor persons to be employed at genetic counselling centres,laboratories and clinics – Parliament which has unquestionedauthority and legislative competence to frame the law, considered itnecessary to empower the Central Government to frame Rules togovern the qualification of persons employed in genetic counsellingcentres, laboratories and clinics – Wisdom of the competentlegislature in adopting the policy cannot be substituted by the Courtin exercise of power of judicial review – The Training Rules, 2014were made by the Central Government in exercise of the powerconferred by Parliament – Specification of qualifications shouldbe read in a purposive sense which will fulfill the object of law –Even on a plain and natural construction of the words used by Parliament, specification of qualifications must necessarilycomprehend the power to prescribe training – The rationale is thatthe training would sensitize the person of the legislation which hasbeen enacted to deal with a serious social evil and be conscious ofthe misuse of sex-selection tests – Pre-natal diagnostic proceduresare also susceptible to grave misuse – Prima facie the Rules areneither ultra vires the parent legislation nor do they suffer frommanifest arbitrariness – The judgment of the High Court alsosquarely impinges upon the directions issued by Supreme Court in*Voluntary Health Association case – Therefore, judgment of theHigh Court needs to be stayed during pendency of the proceedingsof the case – It is directed that *Voluntary Health Association caseto be strictly enforced by all the States and Union Territoriesuntrammelled by any other court – Pre-Natal Diagnostic Techniquess (Regulation and Prevention of Misuse) Rules, 1996 – r. 3.3(1)(b)– Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibitionof Sex Selection) (Six Months Training) Rules, 2014 – s. 6. |
Judge | N/A |
Neutral Citation | 2018 INSC 236 |
Petitioner | Union Of India |
Respondent | Indian Radiological And Imaging Association And Ors. Etc. Etc. |
SCR | [2018] 3 S.C.R. 649 |
Judgement Date | 2018-03-14 |
Case Number | 16657 |
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